Sachin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42229 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== SACHIN SINGH Son of Arjun Singh Resident of Village - Sahasraon, Police Station - Asaon, District - Saran (Chapra).

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-12-2021 Heard learned counsel for the petitioner and the State.

The petitioner seeks regular baii registered for the offences punishable under section 395 of the Indian Penal Code. As per the prosecution case, five unknown boys assaulted the informant with fists and snatched his motorcycle, golden chain and mobile phone.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner's name has figured during course of investigation. No incriminating material has been recovered from the conscious possession of the petitioner. Test Identification Parade has not been carried out till date. It is also submitted by learned counsel for the petitioner that the

Patna High Court CR. MISC. No.42229 of 2021(3) dt.10-12-2021 2/2 motorcycle said to have been recovered from the house of the petitioner was in fact belongs to the petitioner. Petitioner is in custody since 8.4.2021.

Learned counsel for the State opposes the prayer for bail and submits that the petitioner has not produced any documentary evidence to the effect that he was the owner of the stolen motorcycle.

Considering the nature of accusation against the petitioner and the recovery as above, his prayer for bail is refused.

(Prabhat Kumar Singh, J) shashi/- U T